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Monday, August 31, 2026

Employment Court pauses disciplinary process against man suspended by Public Service Commission - Australasian Lawyer

According to the commission, the deputy public service commissioner planned to release a provisional decision on 7 August 2026 based on counsel submissions and other pertinent material received thus far.

Employee seeks interim injunction

On 27 July 2026, before the Employment Relations Authority, the plaintiff applied for an interim injunction. He claimed that the commission’s decision to proceed with its disciplinary process unjustifiably disadvantaged him.

Through his interim injunction application, the plaintiff sought to stop the commission from progressing with its disciplinary process, including any closed or open meetings, until:

  • The commission has substantively addressed Mr Keith’s threshold objections about classified material, including by giving him enough information to receive the plaintiff’s instructions and represent him during any closed disciplinary meetings or submissions
  • The special advocate process has concluded as intended, including by providing Mr Keith with a proper opportunity to make closed submissions on the plaintiff’s behalf
  • The plaintiff has received a genuine opportunity to respond to the case against him, to the extent that the special advocate process and natural justice requirements allowed

Public Service Commission responds

Opposing the interim injunction application, the commission wanted to proceed with the provisional decision on 7 August 2026. The commission pointed out that multiple procedural delays had affected and extended...



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